Does it constitute infringement for Taobao shops to use other cartoon characters as LOGO?

Infringement refers to the act of using the copyrighted works of others without the permission of the author or other copyright owners.

According to the provisions of Article 45 of the Copyright Law of People's Republic of China (PRC), the infringement acts are:

(1) publishing his work without the permission of the copyright owner;

(2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author;

(three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works;

(4) distorting or tampering with other people's works;

(5) Using a work by means of performance, broadcasting, exhibition, distribution, shooting, video recording, adaptation, translation, annotation or editing without the permission of the copyright owner, except as otherwise provided by this Law;

(six) the use of other people's works, not in accordance with the provisions of the payment;

(seven) live broadcast of their performances without the permission of the performers;

(eight) other acts of infringement of copyright and copyright-related rights and interests.

Extended data

Under the following circumstances, a work may be used without permission or payment to the copyright owner, but the name of the author and the name of the work shall be indicated, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed:

(a) for personal study, research or appreciation of the use of other people's published works;

(2) appropriately quoting published works of others in works for the purpose of introducing and commenting on works or explaining problems;

(3) inevitably copying and quoting published works in newspapers, periodicals, radio stations, television stations and other media in order to report current news;

(4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast current affairs articles on political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, television stations and other media, unless the author declares that they are not allowed to publish or broadcast;

(5) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public meetings, unless the author declares that they are not allowed to publish or broadcast;

(6) Translating or reproducing a few published works for classroom teaching or scientific research in schools for use by teaching or scientific researchers, but not publishing them;

(seven) the use of published works by state organs within the reasonable scope of performing official duties;

(eight) libraries, archives, memorial halls, museums, art galleries, etc., in order to display or save the version, copy the works collected by the library; (9) Performing published works for free, without charging fees to the public or paying remuneration to the performers;

(ten) copying, painting, photography and video recording of works of art set up or displayed in outdoor public places;

(eleven) China citizens, legal persons or other organizations written in Chinese and published in China;

(12) Published works are published in Braille. The provisions of the preceding paragraph shall apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations and television stations.

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